Now, a Teamsters union local in Memphis is fighting its two clerical workers from unionizing with the Steelworkersand–again, the Obama labor board is having none of it.

In November, the regional office of the NLRB held a hearing to determine whether or not two clerical workers employed by Teamsters local 667 should be allowed to unionize by the United Steelworkers International Union.

Like the vast majority of employers, the Teamsters hired an outside lawyer.

In the NLRB’s Decision and Direction of Election [PDF], the Acting Regional Director notes that the Employer [the Teamsters] tried to claim that one of the two clerical employees the Steelworkers is trying to unionize should be ineligible because she is confidential.

In its brief, the Employer [the Teamsters] takes the position that one of the two office clerical employees, [name] , is a confidential employee and should be excluded from the petitioned-for unit. The Employer also asserts that the petition should be dismissed because a one-person bargaining unit consisting, of the other office clerical employee, [name] , is not appropriate. The Petitioner asserts that neither clerical employee is a confidential employee and that the petitioned-for unit, as amended, is appropriate. The Petitioner [the Steelworkers] asserts that neither clerical employee is a confidential employee and that the petitioned-for unit, as amended, is appropriate.

If the NLRB found that the one employee was a confidential employee, she would have been excluded from being in a bargaining unit and the unit would have been inappropriate since there must be two or more.